PART IV—ARREST AND SURRENDER OF PERSONS TO ICC
Restrictions on Surrender
55. (1) This section shall apply if—
(a) the ICC makes a request for surrender;
(b) the request relates to conduct that would constitute an offence under Kenyan law;
(c) either—
(i) the conduct is being investigated or prosec¬uted in Kenya; or
(ii) the conduct had been investigated in Kenya and a decision was made not to prosecute the person sought, that decision not being due to
the unwillingness or genuine inability to prosecute; and
(d) a challenge to the admissibility of the case is being or has been made to the ICC under paragraph 2 (b) of article 19 of the Rome Statute.
Admissibility challenge - State investigation or prosecution
EDIT.